Question & AnswerQ&A (Republic Act No. 9255)
The main objective of Republic Act No. 9255 is to allow illegitimate children to use the surname of their father, amending Article 176 of the Family Code of the Philippines.
Illegitimate children shall use the surname of their mother unless their filiation is expressly recognized by their father, in which case they may use their father's surname.
An illegitimate child may use the surname of the father if the filiation has been expressly recognized by the father through the birth record in the civil register or by an admission in a public document or private handwritten instrument made by the father.
Illegitimate children shall be under the parental authority of their mother.
Yes, the father has the right to institute an action before the regular courts to prove non-filiation during his lifetime.
The legitime of each illegitimate child shall consist of one-half of the legitime of a legitimate child.
RA 9255 took effect 15 days after its publication in the Official Gazette or in two newspapers of general circulation.
All laws, presidential decrees, executive orders, proclamations, rules, and regulations inconsistent with RA 9255 are repealed or modified accordingly.
RA 9255 was enacted by the Senate and the House of Representatives of the Philippines in Congress assembled.
Yes, recognition must be made through the civil register's birth record or by an admission in a public or private handwritten document.